Plain language law

New Zealand law explained for everyone

Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Decision on referral application

21: Minister's decision on referral application

You could also call this:

“How the Minister decides if a project can use the fast-track process”

The Minister can accept an application to refer a project to the fast-track approvals process if certain rules are met. These rules depend on the type of project:

For a project done in stages, the whole project and each stage on its own must meet the criteria in section 22.

For a project with an alternative part, either the whole project or the alternative part must meet the criteria in section 22.

For other projects, the entire project must meet the criteria in section 22.

If the Minister accepts an application, they can refer all or part of the project to the fast-track process.

The Minister must say no to an application if:

  • It doesn’t meet the rules for acceptance
  • The project involves an activity that isn’t allowed
  • There isn’t enough information to make a decision

The Minister can also say no for other reasons, even if the project meets the criteria. Some reasons for saying no include:

  • The project doesn’t fit with Treaty settlements or certain laws
  • It would be better to handle the project under different laws
  • The project might harm the environment
  • The applicant has a history of not following rules
  • The project area includes land needed for Treaty settlements
  • The project includes an activity that isn’t allowed under the Resource Management Act 1991
  • There are competing applications for the project
  • There are already resource consents that might clash with the project

The Minister can say no to an application at any time allowed by section 25.

Even if a project includes an activity that isn’t allowed under the Resource Management Act 1991, the Minister can still accept the application or refer the project to the fast-track process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS983062.

Previous

20: Minister may request information, or

"The Minister can ask for more details about an application"

Next

22: Criteria for assessing referral application, or

"How the Minister decides if a project can use the faster approval process"

Part 2 Fast-track approvals process
Referral of project to fast-track approvals process: Decision on referral application

21Minister's decision on referral application

  1. The Minister may accept a referral application if the Minister is satisfied that,—

  2. in the case of a staged project,—
    1. the whole project meets the criteria in section 22; and
      1. each stage of the project would meet those criteria if considered as a stand-alone project:
      2. in the case of a project for which part of the project has been proposed as an alternative,—
        1. the whole project meets the criteria in section 22; or
          1. the part of the project that has been proposed as an alternative would meet those criteria if considered as a project in itself:
          2. in any other case, the project meets the criteria in section 22.

            1. If the Minister accepts a referral application, they may refer the whole or a part of the project to the fast-track approvals process in accordance with section 26.

            2. The Minister must decline a referral application if—

            3. the application may not be accepted under subsection (1); or
              1. the Minister is satisfied that the project involves an ineligible activity; or
                1. the Minister considers that they do not have adequate information to inform the decision under this section.

                  1. The Minister may decline a referral application for any other reason, whether or not the project meets the criteria in section 22.

                  2. Reasons to decline a referral application under subsection (4) include, without limitation, the following:

                  3. the project would be inconsistent with any of the following:
                    1. a Treaty settlement:
                      1. the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
                        1. the Marine and Coastal Area (Takutai Moana) Act 2011:
                          1. a Mana Whakahono ā Rohe:
                            1. a joint management agreement:
                            2. it would be more appropriate to deal with the matters that would be authorised by the proposed approvals under another Act or Acts:
                              1. the project may have significant adverse effects on the environment:
                                1. the applicant (or, if the referral application is lodged by more than 1 person, any of those persons) has a poor compliance history under a specified Act that relates to any of the proposed approvals:
                                  1. the project area includes land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes:
                                    1. the project includes an activity that is a prohibited activity under the Resource Management Act 1991:
                                      1. a substantive application for the project would have 1 or more competing applications:
                                        1. in relation to any proposed approval of the kind described in section 42(4)(a) (resource consent), there are 1 or more existing resource consents of the kind referred to in section 30(3)(a).

                                          1. The Minister may decline a referral application at any time permitted by section 25.

                                          2. To avoid doubt, the Minister is not prevented from accepting a referral application, or referring the whole or a part of a project to the fast-track approvals process, just because the project involves an activity that is a prohibited activity under the Resource Management Act 1991.

                                          3. In this section,—

                                            alternative, in relation to a project, means a part of the project that is proposed as an alternative project in itself under section 13(4)(g)

                                              staged project means a project for which the referral application states under section 13(4)(f)(ii) that a separate substantive application is to be lodged for each stage of the project.

                                              Compare